1. What Are Special Damages?
Special damages are measurable financial losses suffered due to an injury or accident. Unlike general damages (which cover pain and suffering), special damages refer to out-of-pocket costs and losses that can be clearly documented and quantified.
2. Common Examples of Special Damages
Typical special damages in personal injury claims include:
- Medical expenses (past and future)
- Loss of earnings
- Travel expenses for medical care
- Property damage (e.g., vehicle repair)
- Cost of mobility aids or equipment
- Home modifications due to disability
- Childcare or domestic assistance costs
3. Special vs. General Damages
- Special damages = quantifiable financial losses (receipts, invoices, records)
- General damages = non-economic losses like pain, suffering, and emotional distress
Both categories are typically included in a personal injury claim.
4. Evidence Is Crucial
To claim special damages, you must provide documentation such as:
- Bills and receipts
- Wage slips and tax returns
- Invoices for care services
- Quotes for property repairs
Accurate record-keeping is essential to justify the amounts claimed.
5. Claiming for Loss of Future Earnings
If your injury limits your future work capacity, you can include projected loss of earnings in your special damages claim. This may require expert assessments of your career prospects and medical condition.
6. Vehicle and Property Damage
If your accident damaged personal belongings—like a car, phone, glasses, or clothing—repair or replacement costs are claimable. Keep receipts and get written repair estimates to support your claim.
7. Rehabilitation and Therapy Costs
Expenses for physiotherapy, counselling, or other rehabilitation services can be included if they were necessary for recovery and prescribed or recommended by a medical professional.
8. Impact of Special Damages on Compensation
The more thoroughly documented your financial losses are, the higher your potential compensation. Courts and insurers base decisions on verifiable evidence, not assumptions.
9. Time Limits and Ongoing Costs
Some costs may continue beyond the time of settlement. In such cases, solicitors use expert reports to estimate future losses and include them in your compensation claim.
10. Legal Help Ensures Full Recovery
A personal injury solicitor ensures that no eligible special damages are overlooked. They help calculate accurate amounts, gather evidence, and present a comprehensive case to insurers or the court.
Frequently Asked Questions
Q1: Are special damages taxable?
No. Personal injury compensation, including special damages, is typically not subject to income tax in the UK.
Q2: Can I claim special damages without receipts?
It’s difficult. While some estimates may be accepted, documented proof greatly strengthens your claim and credibility.
Q3: Can I claim for lost self-employment income?
Yes. You’ll need to show past earnings using tax returns, client invoices, and bank statements.
Q4: How are future expenses calculated?
Future losses are estimated based on expert opinions (e.g., medical specialists, occupational therapists) and actuarial calculations.
Q5: What if my injury worsens after settlement?
Once a claim is settled, you usually can’t ask for more. Ensure all long-term effects are considered before agreeing to compensation.
Q6: Can special damages be claimed in all injury cases?
Yes. Whether it’s a minor whiplash or serious trauma, any financial loss linked to the injury can be included in your claim.
Conclusion
Special damages are a critical part of any personal injury compensation claim. By keeping accurate records, understanding what’s recoverable, and seeking professional legal help, you can make sure every financial loss is accounted for and rightly compensated.
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